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THE
NEW LAW
- Defines
a family council as an organization of family members, friends,
or representatives of two or more residents of a residential health
care facility.
-
Prohibits residential health care facilities from interfering
with the formation of a family council.
-
Permits family councils to meet in private, with or without facility
staff at the group's choosing.
Click
here to read the law text
FACILITY
OBLIGATIONS
- Facility
policies on family councils may in no way limit the rights of
residents, family members and family council members to meet independently
with outside persons or facility staff.
- The
facility shall consider the views and act upon the grievances
and recommendations of a family council concerning proposed policy
and operational decisions affecting resident care and life at
the facility.
- The
facility shall respond in writing to written requests
or concerns of the family council within ten working days.
- Family
councils shall be provided with adequate space on a prominent
bulletin board or other posting area for the display of
meeting notices or other information pertaining to the operation
or interest of the family council.
- The
Facility shall include notice of the family council meetings in
at least quarterly mailings and inform family members
or representatives of new residents during the admissions
process, of the existence of the family council.
PENALTIES
FOR INTERFERENCE
- No
facility shall willfully interfere with the formation, maintenance
or promotion of a family council. Willful interference includes
discrimination or retaliation against an individual as a result
of his or her participation in a family council, or the willful
scheduling of facility events in conflict with a previously scheduled
family council meeting.
- Violation
of these laws constitutes a violation of resident rights making
the offense subject to a fine.
- In
response to FRIA's press release the Department of Health issued
a letter to all nursing home administrators informing them of
the new law. The letter clearly defines the rights of family
councils and the requirements of the administration to in no way
interferer with the council's formation, maintenance and promotion.
ENFORCEMENT
- The
Department of Health notified all nursing home administrators
in New York State about the new legislation in a “Dear Administrator”
letter.
- According
to the Department of Health, enforcement is effective immediately.
FAMILY
COUNCIL MEMBERS
- If
you find that your facility is failing to adhere to the new law,
please contact FRIA immediately. In addition, if you have any
questions regarding the new legislation or if you need assistance
attaining a copy of the bill, please contact Jessica Herold at
FRIA .
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